h f c bank plc, north street, winkfield, windsor...

Planning Committee 19th July 2012

Unrestricted Report ITEM NO: 07 Application No. 12/00434/FUL

Ward: Winkfield And Cranbourne

Date Registered: 23 May 2012

Target Decision Date: 22 August 2012

Site Address: H F C Bank PLC, North Street, Winkfield, Windsor, Berkshire, SL4 4TD.

Proposal: Erection of 22 detached dwellings with associated parking and landscaping following demolition of existing office building

Applicant: HFC Winkfield Agent: Emily Temple Case Officer: Martin Bourne, 01344 352000

[email protected] Site Location Plan (for identification purposes only, not to scale)

© Crown Copyright. All rights reserved. Bracknell Forest Borough Council 100019488 2004


1 RELEVANT PLANNING HISTORY (If Any)

609818 Validation Date: 27.06.1986 Demolition of existing buildings and the erection of a three storey office block with associated car parking and improved vehicular access. Approved 617723 Validation Date: 01.01.1992 Construction of 66 additional car parking spaces. Supersedes 615171 (revocation order D.O.E. 10/07/92) Approved 08/00373/FUL Validation Date: 15.04.2008 Erection of external air conditioning plant enclosure. Approved 620616 Validation Date: 28.03.1995 Construction of vehicle barrier and security hut at entrance of bank. Approved 10/00801/OUT Validation Date: 30.11.2010 Outline application, including details of layout, scale and access, for erection of 22 detached dwellings with detached garages with access from North Street following demolition of existing office building. Approved With A Legal Agreement 12/00315/REM Validation Date: 05.04.2012 Submission of details of appearance and landscaping for the erection of 22 detached dwellings with detached garages following demolition of existing office building pursuant to outline permission 10/00801/OUT. (No Decision – Application Currently Under Consideration) 12/00517/FUL Validation Date: 20.06.2012 Installation of access gates (maximum height 2.3m and minimum set back from North Street of 20m) on drive to former HFC Bank premises, with associated railings and brick piers (No Decision – Application Currently Under Consideration)


2 RELEVANT PLANNING POLICIES Key to abbreviations

BFBCS Core Strategy Development Plan Document BFBLP Bracknell Forest Borough Local Plan RMLP Replacement Minerals Local Plan WLP Waste Local Plan for Berkshire SEP South East Plan SPG Supplementary Planning Guidance SPD Supplementary Planning Document MPG Minerals Planning Guidance DCLG Department for Communities and Local Government NPPF National Planning Policy Framework Plan Policy Description (May be abbreviated) BFBSEP CC4 Sustainable Design and Construction BFBSEP CC6 Sustainable Communications & Character of Environment BFBSEP CC7 Infrastructure and Implementation BFBSEP T4 Parking BFBSEP NRM5 Conservation and Improvement of Biodiversity BFBLP EN1L Protecting Tree And Hedgerow Cover BFBLP EN2L Supplementing Tree And Hedgerow Cover BFBLP EN8L Dev On Land Outside Settlements BFBLP EN3L Nature Conservation BFBLP EN20 Design Considerations In New Development BFBLP EN25 Noise And Other Pollution BFBLP GB1 Building In The Green Belt BFBLP H5 Housing Design and Density BFBLP H8L Affordable Housing BFBLP M6 Cycling And Walking BFBLP M9 Vehicle And Cycle Parking BFBLP R4 Provision Of Open Space Of Public Value BFBCS CS1 Sustainable Development Principles BFBCS CS2 Locational Principles BFBCS CS6 Limiting the Impact of Development BFBCS CS7 Design BFBCS CS8 Recreation and Culture BFBCS CS9 Development on Land Outside Settlements BFBCS CS10 Sustainable Resources


BFBCS CS12 Renewable Energy BFBCS CS16 Housing Needs of the Community BFBCS CS17 Affordable Housing BFBCS CS23 Transport

3 CONSULTATIONS (Comments may be abbreviated) Winkfield Parish Council Recommended approval Biodiversity Officer No objection subject to conditions. Transportation Officer No objection. Comments included in report. Housing Enabling Officer No objection. Comments included in report. Tree Officer Comments included in report. Environmental Health and Safety No objection subject to condition requiring working method statement. The Environment Agency We have reviewed the Flood Risk Assessment (FRA) dated 09 May 2012 and have no objection to the proposed development. The FRA shows that the runoff rates post-development will not increase from the existing situation. There is no information on runoff volumes, however there is a reduction in impermeable surfaces within the development from 32% to 17% and therefore volumes of surface water runoff are likely to be less for each storm duration. Crown Estate Office Windsor Great Park

(No comments received at time of producing this report). Berkshire Archaeology No objection. On current evidence, I would not recommend archaeological investigation prior to development.


4 REPRESENTATIONS Two objections have been received relating to land to the west of the application site, lying to the rear of properties fronting Crouch Lane. On the site layout drawing as originally submitted this is labelled as ‘privately managed land for use by residents’. The objectors are concerned that no use is stipulated and use of this land could have an adverse effect on their living conditions.

5 OFFICER REPORT

SUMMARY OF KEY ASPECTS OF PROPOSAL Proposed site area (ha): 5.4 ha Proposed number of parking spaces: each dwelling has parking for a minimum of 4 cars, five visitor spaces are also proposed Proposed number of residential units: 22 Proposed density (residential): 4 dwelling/ha (gross) This application is reported to committee as it is a departure from the development plan; two objections have also been received. i) PROPOSAL Full planning permission is sought for the erection of 22 detached houses (11no. 4 bedroom and 11no. 5 bedroom) with garages (total gross external area 8,190 sq m). The dwellings would be served by a new access road linking to the existing access on to North Street. An existing lake on the site would be retained within a large area of landscaped private amenity space. Provision is also made for 0.22ha of publicly accessible space adjacent to North Street. Existing development on the site, comprising a three-storey office building (8,195 sq m gross), a detached plant building and a car park (approximately 350 spaces) would be removed. A piece of land owned by the applicant adjoining the application site to the west is excluded from the application. It comprises ancillary open space formerly used for recreational purposes by the HFC Bank. The implementation of the planning permission for the proposed residential development, if approved, would cause this land to revert to a ‘nil’ use in planning terms which means that planning permission would be required to use it for any purpose. An earlier scheme of 22 dwellings was granted outline planning permission in July 2011 (10/00801/OUT). The current application seeks to amend the approved layout whilst having no greater an impact on the openness of the Green Belt. The changes can be summarised as follows:- - siting of proposed houses on north-eastern part of site amended with road serving proposed houses re-aligned to provide greater visual interest and legibility and increased natural surveillance;; - garages located to the side of houses rather than to the front to provide a more active frontage with improved natural surveillance; - addition of pedestrian footpaths from the properties through the shared amenity space to increase permeability, whilst promoting access to amenity space including the pond. This is enhanced by the revised siting of the dwellings which take better advantage of views across to the pond, and enhances natural surveillance over such areas. - existing wall at entrance to the site to be extended with the use of


metal railings, and the development enclosed by metal entrance gates in a similar position to the existing entrance barrier for the office use [note these works are the subject of a separate planning application 12/00517/FUL]. ii) SITE The 5.4 ha site lies in the Green Belt. It is bounded to the south-east by North Street and the curtilages of four properties lying on the north-west side of the road, to the north-east by the curtilage of a further property fronting North Street and the Cranbourne Hall Mobile Home Park, to the south-west by properties fronting Crouch Lane and the ‘excluded land’ referred to above and to the north-west by open countryside. The offices, comprising a large building with a pitched roof, are located close to the centre of the site with a large surface car park to the west. The offices are vacant. There is a flat grassed area to the rear of the offices but much of the remainder of the site comprises trees planted on mounded areas on the site’s boundaries. That part of the site fronting North Street is open and grassed containing a number of specimen trees. Trees on the site are cover by a tree preservation order (TPO 1103). A small security gatehouse lies on the access road close to its junction with North Street. iii) PLANNING CONSIDERATIONS (1) Principle of the development The granting of outline planning permission in July 2011 for the erection of 22 detached dwellings with detached garages following the demolition of the existing office building (10/00801/OUT) is a material consideration. This permission, for a very similar development to that sought under the present application, was granted following the application being advertised as a departure from the development plan and being referred to the Secretary of State. Since its approval PPG 2, Green Belts, has been replaced the National Planning Policy Framework (NPPF). The application is considered against current planning policy below. Development in the Green Belt The site is located within the Green Belt adjacent to, but outside, a Green Belt Village (North Street (Cranbourne)). The erection of houses in such an area, as proposed, is contrary to BFBLP Policies GB1 and H5. CSDPD Policy CS9 seeks to protect the Green Belt from inappropriate development. As with previous Green Belt policy, the NPPF states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. In para 88 it states that when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt - ‘very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. Paragraph 89 states that a local planning authority should regard the construction of new buildings as inappropriate in Green Belt, but it should be noted that one of the exceptions listed in this paragraph is the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use, which would not have a greater impact on the openness of the Green Belt.


Where ‘inappropriate development’ is proposed, it is for the applicant to demonstrate that very special circumstances exist such that planning permission could be granted. Very special circumstances In the Planning Statement accompanying the application the following justification is advanced by the applicants:- “The proposed development would have a lesser visual effect on the character and appearance of the area, and upon the openness of the Green Belt, through the incorporation of the following measures: - Reducing building height by half when compared with the existing office building. The proposed dwellings will also be no higher than those previously approved under application 10/00801/OUT. - Reducing the built footprint and hardstanding from 32% to 17% of the site area. - Reducing the visual impact of the development in the local area, as demonstrated by the accompanying Landscape Visual Impact Assessment which reveals that the proposed dwellings will be substantially less visible from North Street than the present office building. - Introducing public open space through the allocation of an 0.22Ha area of open, grassed amenity land fronting onto and easily accessible from North Street. - Biodiversity and landscape benefits through the extensive soft landscaping that will provide a substantial screening buffer between North Street and the development, as well as providing an enhanced backdrop to the public open space fronting North Street. - Introducing a far more sustainable use through a significant reduction in travel movements from the existing office, which at full capacity accommodated up to 600 staff. Travel movements, as detailed in the accompanying Transport Statement, would be reduced by 80%. Other material considerations which support the ‘very special circumstances’ outlined above include the Government’s support within the NPPF for the achievement of sustainable development (paragraph 6), the reuse of previously developed land (paragraph 17) and the provision of housing onsite and affordable housing elsewhere In the Borough to meet the Council’s identified housing shortfall (paragraph 50). The proposed scheme is a more sustainable development than the existing use, and the site would make a positive contribution towards the Borough’s housing needs in an area characterised by existing residential development within the ‘Green Belt Village’ land that surrounds the application site. Finally, under application 10/00801/OUT, the Secretary of State determined that intervention was not required and that the residential development of the application site amounted to no more than local importance.” It is considered that points which relate to the reduction in the amount and height of built development and the enhancement of landscaping on the site and the resulting lessening of the impact of built development on the open, rural and undeveloped character of the Green Belt – amount to ‘very special circumstances’ that outweigh the harm by reason of inappropriateness, and any other harm. This is considered in more


detail in Section (3) below. The other matters raised are material considerations which are considered in the remainder of the report. Employment considerations The proposal involves the loss of employment floorspace. Paragraph 22 of the NPPF states that planning policies should ‘avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose’. The Employment Land Review (December 2009) estimated that there was a need for 116,516 sq m. of offices in the Borough over the period 2006-2026. Taking account of completed floorspace over the last 4 years, this equates to a need for 104,000 sq m. over the period 2010-2026.This requirement is based on an apportionment of the interim jobs target that was set in the South East Plan and related to a higher housing target than is now being pursued. However, even using these figures, an analysis of supply at March 2010 shows that sufficient provision has already been made for the rest of the plan period. It could therefore be argued that the loss of office floorspace on this site would help address the current over-supply. The Planning Statement accompanying the application states that the existing building was designed for a very specific end user and lacks flexibility for conversion to modern office requirements, either for subdivision for multiple tenancy or for open plan accommodation. Also it does not perform well against current sustainability criteria and is an inefficient building to maintain. It has been vacant in excess of a year and would require significant refurbishment to bring it back into use. Finally, the building is not within an established employment area that would be both more attractive to current occupier requirements and significantly more sustainable in relation to travel movements. In the light of this it is not considered that the retention of the office use is justified in planning terms. Accordingly the proposed development is acceptable in principle. The remainder of the report considers other aspects of the proposed development. (2) Transport considerations Access: The site is located on North Street, an important district distributor road subject to a 30mph speed limit. Access to the site already exists and it serves a large office development. Visibility at the access is acceptable in both directions. The applicant proposes to reuse the existing access and make alterations to the internal road layout to serve a development of 22 large residential properties. The current gate house will be removed and the boundary walls altered, this will enable easier access to the site. The new access road is 4.8m wide and it has a footway up to the beginning of the residential properties at this point the design of the road is a shared surface. This is acceptable and the applicant has indicated that the road and turning head comply with adoptable standards, and although the road may wish to be kept private the Highway Authority has the ability to adopt it as necessary. If the applicant is intent of the road being private then an agreement securing this and no future obligation on the Highway Authority is required.


Parking Requirements: The car parking requirement under adopted standards is 3 car parking spaces per house. Each dwelling has a garage. The detached garages have internal dimensions of 6m x 6m and count as 2no spaces. The attached garages are long enough but are generally less than 6m wide and are therefore counted as proving one space. All houses also have double-width drives so all meet the requirement to provide parking for at least 3 cars. On-street visitor parking is shown in the form of 5 spaces in bays alongside the access road which meets the standard of one visitor space per five dwellings. There is also sufficient space on each plot to allow for occasional visitors. Cycle parking can be contained within the garages. The proposal therefore provides adequate car and cycle parking. Vehicle Movements: The existing use of the site, although currently limited in occupation, has the ability to generate a significant amount of traffic in the peak hours. The proposed use will result in a significant reduction in traffic compared to how the site could operate. The current use would generate in the region of 170 trips in the a.m. peak and 140 trips in the p.m. peak. The residential in proposal in comparison would generate around 12 and 14 trips in the same time periods. The site does have some local facilities within close proximity and there is public transport within walking distance and it is expected that such facilities are likely to be used more by residential occupiers than business employees. However car use in this area is expected to be reasonably high but as stated the scale of the development will considerably reduce the burden on the local road network and thus mitigation contributions will not be sought. Demolition and construction of the site should also be considered and restrictions should be in place to control this. It is expected that vehicles would use North Street and wider classified road network to gain access to the site but a condition requiring a method statement to be submitted to and approved by the Local Planning Authority is advised to cover this issue. (3) Impact on character and appearance of the area The proposal involves the removal of a three-storey office building, a detached plant building and a large car park from the site and the erection of 22 detached dwellings with garages. The Design and Access Statement explains that the proposal will:- - reduce building height by half; - reduce the built footprint and hardsurfacing from 32% to 17% of the site area; - reduce built volume by 24% Illustrative material has also been submitted to demonstrate the reduction in visual intrusion associated with the proposal, compared with the existing situation, in relation to views from North Street.


The form of the development is a cul-de-sac with houses fronting on to it. It has been dictated by the location of the existing built development and the location of trees, which are mostly to be retained, on the site. Whilst the houses will extend beyond the footprint of the office building, overall it is considered that the scheme will have a positive impact on the character and appearance of the Green Belt by reducing the existing impacts of development at the site of:- - hardstanding across the site - built massing - building footprint - visual intrusion into the surrounding area. The layout proposed will involve the loss of some trees to the west of the existing office building and in the existing car park. Overall, however, the impact on existing trees associated with this application is less than that associated with the approved outline planning permission. New planting is proposed between the proposed houses and North Street and between the new houses and properties at Crouch Lane. Existing screen planting, some of it on mounds, on the site’s north-western and north-eastern boundaries will be retained. As stated in Section (1) above, this reduction in the amount and height of built development and the enhancement of landscaping on the site and the resulting lessening of the impact of built development on the open, rural and undeveloped character of the Green Belt is considered to amount to very special circumstances. In addition to 0.22ha of publicly accessible amenity space next to North Street (see Section 9 below), the application identifies private amenity space lying beyond the curtilages of individual dwellings. It is intended that this area, together with the publicly accessible amenity space, will be managed and maintained by a site management company. A planning condition is recommended to be imposed to ensure that this land is properly maintained in the future. Eight house types are proposed, all detached. The ridge heights vary from 8.8m to 10.1m (this compares with the heights of 8.7m to 9.7m included in the scale parameters of the outline permission). Half of the 22 houses have 4no. bedrooms and half 5no. bedrooms. Two of the houses are two-storey, the remainder are 2.5 storey with accommodation at second floor level within the roof space. The designs are varied but the houses generally have hipped or half-hipped roofs. The designs are generally traditional, particularly the front elevations. Some of the house types have more extensive glazed areas and balconies overlooking the back garden areas. Two houses have detached double garages, the remainder have attached or integral garages. Three facing bricks are proposed, all from the red range, with a red feature brick. In addition rendered, half-timbered and tile-hanging elements are proposed. There are three roof finishes, two plain tiles and a slate. The proposed designs and materials will result in quite a lot of variety in the appearance of the proposed houses. This is considered acceptable in this instance as the site is enclosed and will have a character of its own with none of the houses being viewed in the context of existing buildings. Overall the design of the proposed houses and garages, the materials proposed and the impact on character and appearance of the area is considered to be acceptable.


(4) Effect on the amenity of neighbouring residential property The minimum distance between the proposed houses and adjoining dwellings is about 60m with existing or propped screening provided by trees in between. Being less tall than the existing office building the proposed houses are likely to be generally less visually overbearing when viewed from nearby dwellings,. The separation of the proposed houses from adjoining dwellings is considered to be adequate to avoid any unacceptable loss of daylight, sunlight or privacy. Assuming that the access road remains unadopted lighting proposals can be approved pursuant to a condition imposed on any planning permission. Given the amount of existing and proposed screening it is unlikely that there will be any greater impact from lighting than the existing situation. The proposed residential development would result in a significant reduction in traffic generation compared with the existing use of the site. The current office building has the potential to generate up to about 900 trips per day. In comparison some 165 trips per day would be associated with the proposed residential use with the largest traffic reduction in the morning and evening peak hours when the existing traffic movements are at their busiest. The publicly accessible space on the site’s North Street frontage will be used for informal recreation rather than formal recreational space, such as a children’s play area. A condition is recommended to be imposed to secure details but it is not considered that such a use would have an unacceptable impact on the living conditions of local residents. Concerns have been raised by residents about the future use of the land lying behind dwellings fronting on to Crouch Lane. A plan originally submitted with the application annotates this area as ‘privately managed land for use by residents’. The Planning Statement notes however, that this land will revert to ‘nil’ use in planning terms and will be retained in its present state with planning permission required for any future purpose. Overall it is therefore considered that the proposed impact on the living conditions of nearby residents/businesses will be acceptable. (5) Bio-Diversity A biodiversity survey report has been submitted with the application which provides a wide ranging assessment of the biodiversity of the site and identifies features of value. Most of these features are retained within the layout of the site. The recommendations of the biodiversity survey report are supported. It is recommended that conditions are imposed to secure the implementation of these recommendations. It is not considered that the proposal would have a material impact on the Windsor Forest and Great Park Special Area of Conservation the edge of which lies about 350m to the north-east of the application site.


(6) Access implications There are no accessibility issues for disabled people relating to this application. (7) Sustainability Statement and Energy Demand Assessment Policy CS10 requires the submission of a Sustainability Statement demonstrating how the proposals meet current best practice standards, i.e. Code for Sustainable Homes Level 3. Formal assessment of dwellings against the Code for Sustainable Homes must be carried out by an accredited assessor (accredited by BRE). The assessment has several stages: Pre-assessment Estimator, Design Stage Assessment, and Post Construction Review. All stages should be covered, and the assessments submitted to the Council. No Sustainability Statement and no pre-assessment estimator have been submitted along with this application – conditions are recommended to be imposed to cover this matter. Policy CS12 requires the submission of an Energy Demand Assessment demonstrating how the development’s potential carbon dioxide emissions will be reduced by at least 10% and how 20% of the development’s energy requirements will be met from on-site renewable energy generation. The applicant has submitted an Energy Statement but changes are required for this to comply fully with the requirements of Policy CS12. A further condition is recommended to be imposed to address this matter. (8) Affordable Housing As the application site exceeds 1ha the development should provide affordable housing under BFBLP Policy H8. In relation to the previous outline application (10/00801/OUT) it was agreed that a payment to BFC to provide affordable housing elsewhere in the Borough, in lieu of on-site affordable housing, would be acceptable. This was secured by agreement. The applicant seeks a similar approach in relation to the current application. Advice in PPS3, Housing, has now been replaced by the NPPF and the Council’s ‘Affordable Housing from Residential Development’ SPG (Sept. 2003) was revoked by Executive at its meeting on 29 March 2011. Relevant policy and advice on affordable housing currently comprises South East Plan Policy H3, BFBLP Policy H8, CSDPD Policy CS17 and the resolution of the 29 March 2011 BFC Executive. The CSDPD (para. 194) and BFBLP Policy H8 allow for the economics of provision, relevant site circumstances and benefits to be taken into account in determining affordable housing provision. The application, as submitted, provides for 22 private houses with the offer of a payment to BFC to provide affordable housing off-site, elsewhere in the Borough. As noted above this form of arrangement was accepted in relation to outline planning permission 10/00801/OUT having due regard to the economics of provision and site circumstances. In reaching that view account was taken of the lower impact on the Green Belt of 22 houses compared with a larger number if affordable housing were to be provided on-site, the existence of lower-cost housing in the vicinity of the site (at two nearby mobile


home parks) and the consideration that affordable housing provided off-site could better address housing need by targeting particular needs in the borough. The Council’s Housing Enabling Officer raises no objection to this approach subject to the payment proposed being the subject of a viability assessment, verified for the Council by the District Valuers Service. It is considered, therefore that the proposal makes appropriate provision for affordable housing. (9) Infrastructure, services and amenities In addition to relevant Development Plan Policies, development should comply with the Borough Council’s "Limiting the Impact of Development" (LID), an adopted Supplementary Planning Document. The applicant has submitted a draft (Unilateral Undertaking but drafted as an agreement) S106 with the application including obligations covering:- - a financial contribution towards affordable housing on a different site(s) - a financial contribution for built sports facilities within BFC - schemes:- 1. for the upkeep of retained land to the south-west 2. including drainage, for the upkeep of private amenity land surrounding the houses 3. for the laying out and upkeep of open space fronting North Street consistent with passive uses like a village green, to thereafter be kept available for public use without restriction or charge. The draft S106 covers matters which were addressed in the S106 agreement associated with the previous outline planning permission on the site except that it does not include the previously agreed obligation for the retained HFC land to the south-west not to be enclosed without BFC approval. There is also a concern that if both this application and the outstanding reserved matters application submitted pursuant to the outline planning permission on the site were approved and part-implemented, more than 22 houses could end up being built on the site. It is therefore recommended that a further obligation is included to prevent both permissions from being implemented. With these additions it is considered that the matters listed above are appropriate to be secured by a S106. iv) CONCLUSIONS Full planning permission is sought for the erection of 22 detached dwellings with detached garages. The proposal comprises an amendment to the layout approved last year under outline planning permission 10/00801/OUT but the scale and form of development is very similar. The proposal is inappropriate development in the Green Belt. It involves, however, removal of a tall, bulky office building, a plant building and a large hardsurfaced car park together with the provision of new landscaping. The net effect of the development proposed will be to reduce the impact of built development on the open, rural and undeveloped character of the Green Belt. It is considered, therefore, that there are ‘very special circumstances’ that outweigh the harm by reason of inappropriateness, and any other harm associated with the development sought. The loss of employment generating floorspace on the site is not considered to be an overriding concern given the findings of the Council’s Employment Land Review.


It is not considered that the proposed development will have an adverse effect on the character and appearance of the area or the living conditions of local residents. The impact on trees and bio-diversity, including the Windsor Forest and Great Park Special Area of Conservation, is considered acceptable. The proposal will result in a significant reduction in traffic compared with the current use. The proposed access arrangements are considered acceptable for the proposed development. The applicant has agreed to enter into an agreement to secure the provision of open space, outdoor recreational and built sports facilities and a contribution towards the provision of affordable housing. It is also recommended that obligations are sought to ensure that private amenity land within the application site lying outside residential curtilages, and land adjoining the application site which is to be retained by the applicant, will continue to be properly managed and maintained. In the light of the above the application is recommended for approval. As a departure from the development plan it has been advertised as such. The NPPF states that the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use, which would not have a greater impact on the openness of the Green Belt is not inappropriate development in the Green Belt. Accordingly if the committee is minded to approve the application it is not considered necessary to refer it to the Secretary of State.

6 RECOMMENDATION

Following the completion of planning obligation(s) under Section 106 of the Town and Country Planning Act 1990 relating to:- 01. - a financial contribution towards affordable housing on a different site(s) - a financial contribution towards built sports facilities - schemes:- 1. for the upkeep of retained land to the south-west of the application site 2. for the upkeep of private amenity land surrounding the houses 3. for the laying out and upkeep of open space fronting North Street, to

thereafter be kept available for public use without restriction or charge 4. to prevent development approved under both 12/00434/FUL and

10/00801/OUT (and any related reserved matters approval(s)) being implemented.

That the Head of Development Management be authorised to APPROVE the application subject to the following condition(s):- 01. The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. REASON: To comply with Section 91 of the Town and Country Planning Act

1990.


02. The development hereby permitted shall be carried out only in accordance with the following approved plans:-

[to be listed in supplementary report] REASON: To ensure that the development is carried out only as approved by the

Local Planning Authority. 03. The development hereby permitted shall not be begun until details showing the

finished floor levels of the buildings hereby approved in relation to a fixed datum point have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

REASON: In the interests of the character of the area. [Relevant Policies: SEP CC6, BFBLP EN20, Core Strategy DPD CS7] 04. Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) no enlargement, addition, improvement or other alteration permitted by Classes A, B, C, D and E of Part 1 of the Second Schedule of the 1995 Order shall be carried out.

REASONS: The site is located within the designated Green Belt where strict controls over the form, scale and nature of development apply.

[Relevant Policies: BFBLP GB1, Core Strategy DPD CS9] 05. No dwelling shall be occupied until a means of vehicular access has been

constructed in accordance with the approved plans. REASON: In the interests of highway safety. [Relevant Policies: Core Strategy DPD CS23] 06. No dwelling shall be occupied until a means of access for pedestrians and/or

cyclists has been constructed in accordance with the approved plans. REASON: In the interests of accessibility and to facilitate access by cyclists

and/or pedestrians. [Relevant Policies: BEBLP M6, Core Strategy DPD CS23] 07. The gradient of private drives shall not exceed 1 in 12. REASON: To ensure that adequate access to parking spaces and garages is

provided. [Relevant Policies: Core Strategy DPD CS23] 08. No dwelling shall be occupied until the associated vehicle parking and turning

space serving it has been surfaced in accordance with the approved drawings. The spaces shall thereafter be kept available for parking at all times.

REASON: To ensure that the development is provided with adequate car parking to prevent the likelihood of on-street car parking which would be a danger to other road users.

[Relevant Policies: SEP T4, BFBLP M9, Core Strategy DPD CS23]


09. The garage accommodation shall be retained for the use of the parking of vehicles at all times, unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure that the Local Planning Authority’s vehicle parking standards are met.

[Relevant Policy: BFBLP M9] 10. The development hereby permitted shall not be begun until comprehensive

details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall include:-

a) Comprehensive planting plans of an appropriate scale and level of detail that provides adequate clarity including details of ground preparation and all other operations associated with plant and grass establishment, full schedules of plants, noting species, and detailed plant sizes/root stock specifications, planting layout, proposed numbers/densities locations.

b) Details of tree planting. c) Comprehensive 5 year post planting maintenance schedule. d) Underground service and external lighting layout (drainage, power,

communications cables, pipelines etc. indicating lines, manholes etc.), both existing reused and proposed new routes.

e) Means of enclosure (walls and fences etc) f) Paving including pedestrian open spaces, paths, patios, proposed materials

and construction methods, cycle routes, parking courts, play areas etc. All planting comprised in the soft landscaping works shall be carried out and

completed in full accordance with the approved scheme, in the nearest planting season (1st October to 31st March inclusive) to the completion of the development or prior to the occupation of any part of the approved development, whichever is sooner, or as may otherwise be agreed in writing by the Local Planning Authority. All hard landscaping works shall be carried and completed prior to the occupation of any part of the approved development. As a minimum, the quality of all hard and soft landscape works shall be carried out in accordance with British Standard 4428:1989 ‘Code Of practice For General Landscape Operations’ or any subsequent revision. All trees and other plants included within the approved details shall be healthy, well formed specimens of a minimum quality that is compatible with British Standard 3936:1992 (Part 1) ‘Specifications For Trees & Shrubs’ and British Standard 4043 (where applicable) or any subsequent revision. Any trees or other plants which within a period of 5 years from the completion of the development, die, are removed, uprooted, are significantly damaged, become diseased or deformed, shall be replaced during the nearest planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved, unless the Local Planning Authority gives written consent to any variation.

REASON: In the interests of good landscape design and the visual amenity of the area.

[Relevant Policies: BFBLP EN2 and EN20, CSDPD CS7] 11. No site clearance shall take place during the main bird-nesting period of 1st

March to 31st August inclusive. REASON: In the interests of nature conservation [Relevant Plans and Policies: SEP NRM5, BFBLP EN3]


12. The development hereby permitted shall be carried out in accordance with the mitigation measures outlined in HFC Bank, North Street, Winkfield: Bat Survey Report May 2012, unless otherwise agreed in writing by the Local Planning Authority.

REASON: In the interests of nature conservation [Relevant Plans and Policies: SEP NRM5, Core Strategy CS1] 13. The development hereby permitted (including site clearance and demolition) shall

not be begun until a wildlife protection plan during construction has been submitted to and approved in writing by the local planning authority. The plan shall include:-

i) an appropriate scale plan showing where construction activities are to be restricted and protective measures

ii) details of protective measures to avoid impacts during construction iii) a timetable to show phasing of construction activities iv) persons responsible for compliance with legal consents, planning conditions,

installation of protective measures, inspection and maintenance. The approved wildlife protection plan shall be observed, performed and complied

with. REASON: In the interests of nature conservation [Relevant Plans and Policies: SEP NRM5, Core Strategy CS1] 14. Neither buildings provided by the carrying out of the development, nor any part

thereof shall be occupied until a habitat creation/restoration/management plan has been submitted to and approved by the Local Planning Authority. The plan shall include:

i) description and evaluation of the features to be managed ii) description of target habitats and species iii) ecological potential and constraints on the site iv) aims and objectives of management v) appropriate management options including location and method statements

vi) prescriptions for management actions vii) preparation of a work schedule indicating the timing of works viii) personnel responsible for implementation of the plan ix) monitoring and remedial measures triggered by monitoring The approved plans shall be observed, performed and complied with. REASON: In the interests of nature conservation [Relevant Plans and Policies: SEP NRM5, Core Strategy CS1] 15. Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 or any Order revoking and re-enacting that order, no external lighting shall be installed on the site or affixed to any buildings on the site except in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity. [Relevant Policies: BFBLP EN15, EN20 and EN25]


16. No development shall take place until a scheme has been submitted to and approved in writing by the Local Planning Authority, to accommodate:

(a) Parking of vehicles of site personnel, operatives and visitors (b) Loading and unloading of plant and vehicles (c) Storage of plant and materials used in constructing the development (d) Wheel cleaning facilities (e) Temporary portacabins and welfare for site operatives and each facility shall be retained throughout the course of construction of the

development, free from any impediment to its designated use. No other areas on the site, other than those in the approved scheme shall be used for the purposes listed (a) to (e) above without the prior written permission of the Local Planning Authority.

REASON: In the interests of amenity and road safety. 17. The development hereby permitted (including any demolition) shall not be begun

until details of a scheme (Working Method Statement) to control the environmental effects of the demolition and construction work has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

(i) control of noise (ii) control of dust, smell and other effluvia (iii) control of surface water run off (iv) site security arrangements including hoardings (v) proposed method of piling for foundations (vi) construction and demolition working hours (vii) hours during the construction and demolition phase, when delivery vehicles

or vehicles taking materials are allowed to enter or leave the site (viii) routing of vehicles associated with demolition and construction. The development shall be carried out in accordance with the approved scheme or

as may otherwise be agreed in writing by the Local Planning Authority. REASON: In the interests of the amenities of the area. [Relevant Policies: SEP NRM10, BFBLP EN25] 18. Notwithstanding the provisions of Class G of Part 17 of the Town and Country

Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), except for any which may be shown on the approved drawings, no development by statutory undertakers for the generation, transmission or supply of electricity shall be installed or constructed unless otherwise agreed in writing by the Local Planning Authority.

REASON: In the interests of the visual amenities of the area [Relevant Policies: BFBLP EN20 and GB1, Core Strategy DPD CS7] 19. The development hereby permitted shall not be begun until either a Design Stage

Report and BRE Interim Certificate or a pre-assessment estimator carried out by an independent assessor licensed by the Building Research Establishment has been submitted to, and agreed by, the Local Planning Authority demonstrating that the development will meet a minimum standard of Level 3 of the Code for Sustainable Homes or a “Very Good” or “Excellent” BREEAM rating. The development shall be implemented in accordance with the Design Stage Report and BRE interim certificate and retained in accordance therewith unless the Local Planning Authority gives prior written consent to any variation.

REASON: In the interests of sustainability and the efficient use of resources.

[Relevant Policy: Core Strategy DPD CS10]


20. The development shall not be occupied until a Post Construction Review Report

carried out by an independent assessor licensed by the Building Research Establishment and a Final Code Certificate has been submitted to the Local Planning Authority which demonstrates that the development has been constructed to meet a minimum standard of Level 3 of the Code for Sustainable Homes or a “Very Good” or “Excellent” BREEAM rating.

REASON: In the interests of sustainability and the efficient use of resources.

[Relevant Policy: Core Strategy DPD CS10] 21. The development hereby permitted shall not be begun until an Energy Demand

Assessment demonstrating that : (a) the proposed development will reduce carbon dioxide emissions by at least

10% against the appropriate Target Emission Rate as set out in Part L of the Building Regulations (2006), and

(b) a proportion of the development’s energy requirements will be provided from on-site renewable energy production (which proportion shall be 20% unless otherwise agreed in writing by the Local Planning Authority).

Has been submitted to and approved in writing by the Local Planning Authority. Save as otherwise agreed in writing by the Local Planning Authority, the building(s) thereafter constructed by the carrying out of the development shall be in accordance with the approved assessment and retained in accordance therewith.

REASON: In the interests of the sustainability and the efficient use of resources.

[Relevant Plans and Policies: CSDPD Policy CS12] Summary Of Reason(s) For Decision: The following development plan policies have been taken into account in determining this planning application: Bracknell Forest Borough Local Plan: EN1 – which seeks to protect tree and hedgerow cover EN2 – which seeks to supplement tree and hedgerow cover. EN3 – which seeks to ensure that the special value and character of SPAs, SACs and SSSIs are protected. EN8 – which only permits development on land outside settlements where it would not adversely affect the character, appearance or function of the land, and would not damage its landscape quality, or where conspicuous from the Green Belt, would not injure the visual amenities of the Green Belt. EN20 – as it would be acceptable in terms of its impact upon the character of the area, and amenity of surrounding properties and adjoining area EN25 – which seeks to avoid development which would generate unacceptable levels of noise, smoke, gases, fumes, effluent, vibration, dust or other environment effects which would adversely added the amenities of occupiers or buildings, or users of outdoor space. GB1 – which permits building in the Green Belt for agriculture, forestry, outdoor sport and recreation, cemeteries, replacement, alteration or extension to existing dwellings and domestic outbuildings, provided there is no adverse harm to the character of the Green Belt and road safety. H5 – which permits new dwellings outside settlements only where it is in connection with a use set out in EN8 or GB1, and would not harm the character of the area or


result in environmental damage or danger to the public highway. H8 – which seeks to ensure the provision of affordable housing on sites where development would result in a net increase of 25 or more dwellings. M6 – which seeks to ensure that development will provide for safe, direct and well signed cycle and pedestrian routes. M9 – which seeks satisfactory parking provision for vehicles and cycles R4 – which requires the provision of 4.3 hectares of open space of public value per 1,000 population on residential sites larger than one hectare. Core Strategy Development Plan Document: CS1 – which seeks to ensure that development makes efficient use of land and buildings, reduces the need for travel, promotes a mix of uses, conserves water and energy use, supports the economic wellbeing of the population, protects and enhances safety, natural resources, character of local landscape and historic and cultural features. CS2 – which seeks to ensure that land will be allocated for development in the following order: Bracknell Town Centre; previously developed land and buildings in defined settlement; other land within defined settlements where there is no conflict with other policies; extensions to defined settlements with good public transport links CS6 – which seeks to ensure that development will mitigate adverse impacts upon communities, transport and the environment CS7 – which seeks to ensure that developments are of high quality design CS8 – which seeks to retain, improve and maintain existing recreational facilities and provide and maintain new recreational facilities. CS9 – which seeks to protect land outside of settlement for its own sake, particularly from development that would adversely affect the character, appearance or function of the land. CS10 – which requires development proposals to be accompanied by a Sustainability Statement CS12 – which requires development proposals to be accompanied by an Energy Demand Assessment CS14 – which seeks to avoid an adverse impact upon the integrity of the Thames Basins Heaths Special Protection Area CS16 – which seeks to ensure development will contribute to meeting the identified housing needs of all sectors of the Community. CS17 – seeks to require residential development on suitable sites to provide affordable housing. CS23 – which seeks to ensure the Council will use its powers to reduce the need to travel, and promote alternative modes, increase safety of travel and maintain and improve the local road network.


Regional Spatial Strategy for the South East of England: CC4 – which seeks the design and construction of all new development, and the redevelopment and refurbishment of existing building stock to incorporate sustainable construction standards and techniques. CC6 – which seeks development that will respect and enhance the character and distinctiveness of settlements and landscapes, and use innovative design to create a high quality built environment which promotes a sense of place. CC7 – which requires sufficient capacity to be available in existing infrastructure to meet the needs of new development, and where this cannot be demonstrated, that additional capacity be released through demand management measures, better management of existing or provision of new infrastructure. T4 – which seeks an appropriate level of parking. NRM5 – which seeks to conserve and improve biodiversity. NRM10 – which seeks development to include measures to address and reduce noise pollution. National Planning Policy Framework (Please note that this is not intended to be an exhaustive list). The following material considerations have been taken into account: Third party representations were received raising concerns about the intentions of the applicant with regard to land excluded from application. These comments have been taken into consideration, however it is considered that whilst the proposal is inappropriate development in the Green Belt the reduction in the amount of built development on the site and the provision of landscaping with ecological benefits, constitute ‘very special circumstances’ that outweigh the harm by reason of inappropriateness, and any other harm. Other material considerations in favour of the proposal are the reduction in traffic generated, the provision of publicly available open space and the provision of housing, including a contribution to provision of affordable housing in the Borough. The retention of the building as commercial premises is not considered essential in the light of the findings of the Employment Land Review. The proposal would not result in a form of development out of keeping with the character and appearance of the area, and would be designed and sited so as to avoid an adverse impact upon the residential amenities of neighbouring properties including from noise or lighting. Contributions towards local infrastructure would be sought, secured by legal agreement. The publicly accessible space adjacent to North Street will be used for informal recreation and it is not considered that it would lead to anti-social behaviour. Obligations will ensure that arrangements are in place to maintain on-site drainage, landscaping, amenity areas and boundaries and also land in the applicant’s control excluded from the application. The proposal is considered to be acceptable in relation to its impact on the Green Belt, the Windsor Forest and Great Park Special Area of Conservation, neighbouring properties and highway safety. A s.106 will be required to mitigate the impact of the development upon local infrastructure. The application is therefore approved.


Informative(s): 01. Before demolition/construction, the applicant is requested to contact the

Environmental Protection team in the Council's Environmental Health section to agree the precautions to be employed to minimise the environmental impact of these activities.

If no Section 106 Agreement is received before 30th September 2012 then the proposal is refused for the following reasons:- 01. The proposed development would unacceptably increase the pressure on open

space, outdoor recreational facilities and built sports facilities. In the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which secure contributions towards open space, outdoor recreational facilities and built sports facilities, the proposal is contrary to Policy CC7 of the South East Plan, Policy R5 of the Bracknell Forest Borough Local Plan and CS6 and CS8 of the Core Strategy Development Plan Document and to Supplementary Planning Document Limiting the Impact of Development (adopted July 2007).

02. In the absence of a planning obligation to secure affordable housing in terms that

are satisfactory to the Local Planning Authority, the proposal is contrary to Policy H3 of the South East Plan, Policy H8 of the Bracknell Forest Borough Local Plan, Policy CS16 of the Core Strategy Development Plan Document.

03. The proposed development would involve the retention by the applicant of land

adjoining the application site with a ‘nil’ planning use. In the absence of a planning obligation in terms that are satisfactory to the Local Planning Authority, and which secure the proper future management and maintenance of this land which lies in the Green Belt, the proposal is contrary to Policies GB1 and EN20 of the Bracknell Forest Borough Local Plan and Policies CS7 and CS9 of the Core Strategy Development Plan Document.

04. In the absence of a planning obligation to prevent the part-implementation of both

this application and outline planning permission 10/00801/OUT (and any related reserved matters approval(s)) it is possible that more than 22 houses could be built on the site to detriment of the open, rural and undeveloped character of the Green Belt. The proposal is therefore contrary to Policies EN8 and GB1of the Bracknell Forest Borough Local Plan and Policy CS9 of the Core Strategy Development Plan Document.

Doc. Ref: Uniform 7/DC/Agenda The application file to which this report relates can be viewed at the Council's Time Square office during office hours or online at www.bracknell-forest.gov.uk

h f c bank plc, north street, winkfield, windsor...

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